Not so fast. Morrow has now sought leave to appeal that decision to the High Court,with top defamation barristerSue Chrysanthou,SC,standing alongside him in the last chance saloon.
There are friend break-ups. And then there are friend break-ups that lead to years of litigation,and millions in legal bills. This is the latter.
The bitter,protracted dispute began when Murray’s production company CJZ agreed to sell its share in consumer affairs showThe Checkoutto Morrow’s Giant Dwarf after ABC management axed the program.
Unbeknownst to Murray,Morrow had been pitching a similar show to Aunty’s executives. A furious Murray refused to sign a deed of release when he found out,nuking the show,and leading Morrow to sue for a breach of the sale agreement.
Murray counter-sued for misleading and deceptive conduct,while Morrow sued him back for defamation over four angry emails sent to ABC management,including one likening the comedian to Lord Voldemort.
The messy,high-profile case (Morrow drew on a character witness list that included Arts MinisterTony Burkeand failed Labor candidateKristina Keneally) led to JusticeJames Stevenson finding for Murray on the commercial aspects,but ruling that he defamed the comedian.
The NSW Court of Appeal reversed the defamation decision,and rejected Morrow’s appeal on the commercial case. And now,here we are,with Morrow’s legal team challenging both the commercial and defamation rulings made by JusticesJulie Ward,Anna MitchelmoreandChistine Adamsonin the Court of Appeal.
“The appeal covers both the malice of Nick Murray and CJZ in defamation and the finding that their malicious falsehoods did not cause economic loss,” Morrow told CBD.
Murray,meanwhile,compared the appeal to something out of Monty Python.
“It’s clear he thinks he is the Black Knight,” Murray said.
Morrow is also seeking further legal advice regarding the financial implications of the case. He’ll be on the hook for legal costs of around $2.5 million,although the final figure won’t be settled until all avenues of appeal are exhausted.
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